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Jharkhand Court July 2013 Judgments

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Jul 26 2013

Narendra Prasad Sinha Vs. State of Jharkhand and ors.

Court: Jharkhand

Decided on: Jul-26-2013

1 W.P. (S) No. 1266 of 2006 In the matter of an application under Article 226 of the Constitution of India Narendra Prasad Sinha ... ... Petitioner Versus 1. State of Jharkhand through the Principal Secretary, Govt. of Jharkhand, Department of Law, Jharkhand Mantralaya, Ranchi.2. Hon'ble Jharkhand High Court Ranchi 3. The Registrar General, Jharkhand High Court, Ranchi 4. The District & Sessions Judge, Gumla, Jharkhand ... ... ... Respondents ------ For the Petitioner : Mr. Naresh Prasad Singh, Advocate Mr. Arvind Kumar Singh, Advocate For the Jharkhand High Court : Mrs. A.R. Choudhary, Advocate Mr. Saket Upadhayay, Advocate ------- PRESENT HON'BLE MR. JUSTICE SHREE CHANDRASHEKHAR -------- By Court: The petitioner has approached this Court seeking quashing of the enquiry report, notice dated 20.11.2003, second show-cause notice dated 25.11.2003 and orders dated 01.12.2003 and 26.02.2005.2. The brief facts of the case are that, by letter dated 28.10.1997, the petitioner was appointed as...


Jul 26 2013

Raj Kumar Mahto Alias Raj Kumar Yadav Vs. the State of Jharkhand

Court: Jharkhand

Decided on: Jul-26-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI B.A. No. 5594 of 2013 Raj Kumar Mahto @ Raj Kumar Yadav .... Petitioner(s) Versus State of Jharkhand ... Opposite Party Coram : HONBLE MR. JUSTICE D.N.UPADHYAY For the petitioner (s): Mr. J.S. Singh For the opposite party : Addl.P.P. 26.07.2013 Heard the learned counsel for the petitioner and the learned counsel for the State. Petitioner is accused in connection with Chandwa PS case No. 47 of 2013 for the offence registered under sections 385/387/216A/120B of the Indian Penal Code and section 17 of the CLA Act. It reveals from FIR that the petitioner and his associates asked villagers to provided food and shelter to MCC extremists who were 20-25 in number. It is also alleged that after collecting levy from the contractor, they had provided military shoes to the extremists. It is submitted that the petitioner has been falsely implicated in this case only because he happens to be brother of Sohrai Yadav, area commander. He has no criminal antecede...


Jul 26 2013

Gyan Singh Munda Vs. Collectariate

Court: Jharkhand

Decided on: Jul-26-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI ---- W.P(PIL) No. 1788 of 2013 ---- Gyan Singh Munda . Petitioner. Versus State of Jharkhand and Ors. .. Respondents. --- CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE JAYA ROY ----- For the Petitioner : M/s. Suman Tripathy. For the Respondents : Mr.A.K.Sinha. ----- Order No. 02 Dated :26. h July 2013 We do not find any public interest litigation in this petition. The petition is dismissed. (Prakash Tatia, C.J.) ( Jaya Roy, J.) Biswas/SI...


Jul 26 2013

Vidya Prasad Vs. Mineral Area Development Autho

Court: Jharkhand

Decided on: Jul-26-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI Cont. Case (Civil) No. 246 of 2010 Vidya Prasad Petitioner Versus The Mineral Area Development Authority & Ors Opposite Parties ------ CORAM: HON'BLE MR. JUSTICE D. N. PATEL ------ For the Petitioner: Mr. Krishna Shankar For the Opp. Parties: J.C. to Sr. S.C. & Mr. Bhawesh Kumar ------ 13/ Dated: July, 26, 20131) Counsel for by the applicant (original petitioner) submitted that now a detailed speaking order has been passed by the respondents and, therefore, liberty may be reserved with the petitioner to challenge the same in accordance with law before the appropriate forum.2) In view of this Submission, this contempt application is hereby disposed of, because the respondents have already complied with the direction passed by this Court in the earlier writ petition. The order passed by the respondents may be challenged by the applicant in accordance with law before the appropriate forum. (D. N. Patel, J) Manoj/CP.2...


Jul 26 2013

Rabindra Nath Panda Alias Rabindra Panda and ors Vs. State of Jharkhan ...

Court: Jharkhand

Decided on: Jul-26-2013

In the High Court of Jharkhand at Ranchi Cr.M.P. No.417 o1. Rabindra Nath Panda @ Rabindra Panda 2. Subrata Panda 3. Debbrata Panda ........................................ Petitioners VERSUS State of Jharkhand...............................i...Opposite Party CORAM: HONBLE MR. JUSTICE R.R.PRASAD For the Petitioners:None For the State :Mrs.Richa Sanchita, A.P.P 2.26.07.13. Nobody appears on behalf of the petitioners. However, learned counsel appearing for the State is present. Since nobody appears on behalf of the petitioners to press this application, this application is rejected for non-prosecution. ( R.R. Prasad, J.) ND/...


Jul 26 2013

Mahendra Kumar Tewari Vs. State of Jharkhand and ors

Court: Jharkhand

Decided on: Jul-26-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI WP(C)No.6086of2003 MahendraKumarTewari ... Petitioner Versus TheStateofJharkhandandors. ... ... Respondents CORAM: HONBLEMR.JUSTICEAPARESHKUMARSINGH ForthePetitioner :Mr.S.K.Chaturvedi FortheRespondents :J.C.toSr.S.C.I 426.7.2013 Onthelastdate,onthesubmissionofthelearnedcounselfor thepetitionerthatthepetitionerisnotintouchwithhimsincelong, thematterwasadjournedforthreeweeks,onhisrequest,inorderto giveonemoreindulgencetoobtaininstruction. Todayalsolearnedcounselforthepetitioner submitsthatthe petitionerisnotintouchwithhimandtherearenoinstructiononhis behalf. Inthatviewofthematter,thiswritpetitionisdismissedasnot pressed. (ApareshKumarSingh,J.) Pandey...


Jul 26 2013

Shekh Ataullah and ors Vs. Shekh Kasim and ors

Court: Jharkhand

Decided on: Jul-26-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI F.A. No. 85 of 2012 Shekh Ataullah & Ors. .... .. Appellants Versus Shekh Kasim & Ors. ...... Respondents --- CORAM: HONBLE MR. JUSTICE P.P.BHATT For the Appellants : Mr. S. N. Das, Adv. For the respondents : - -- 4/26.07.2013 I.A. No.2071 of 2012 The present application is filed under Order XXII Rule 4 read with Rule 11 of the Code of Civil Procedure for substitution of legal heirs of respondent No.3 namely Shekh Subhan, who died on 29.5.2012 leaving behind his legal heirs which is stated in paragraph 2 of the application. The application supported by an affidavit is filed within prescribed time limit. For the reasons stated in the application, the same is allowed. The legal heirs of respondent No.3 are ordered to be substituted as party respondents. Necessary amendment be carried out in the cause title of first appeal, accordingly. Let notice be issued upon substituted legal heirs of respondent No.3, for which requisites under Registered cover...


Jul 26 2013

Villagers of Barsot Panchayat Through One of Its Villager Birendra Kum ...

Court: Jharkhand

Decided on: Jul-26-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI ---- W.P.(PIL). No. 725 of 2013 ---- Villagers of Barsot Panchayat, Hazaribagh . Petitioner. Versus Union of India and Ors. .. Respondents. --- CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE JAYA ROY ----- For the Petitioner : M/s. D.K.Pathak., Advocate. For the Resp. 2-4 : Mr.B.B.Sinha, Advocate. For Union of India : Mr.Md.Mokhtar Khan, Advocate. ----- Order No. 02 Dated :26. h July 2013 Heard learned counsel for the petitioner. How the transmission line can go, has to be decided in accordance with law and by the experts of the concerned electricity Board. Therefore, we are not inclined to entertain this petition as a public interest litigation. The petitioner may submit his representation to the concerned authority who may look into the grievance of the petitioner and if there is genuine grievance and if any feasibility then only petitioner's grievance may be considered. We are passing this order in hope that the expert may have taken ...


Jul 26 2013

Soni Parween Vs. Chief Secretory

Court: Jharkhand

Decided on: Jul-26-2013

IN THE HIGH COURT OF JHARKHAND AT RANCHI ---- W.P.(PIL). No. 1896 of 2013 ---- Soni Parween . Petitioner. Versus State of Jharkhand and Ors. .. Respondents. --- CORAM : HON'BLE THE CHIEF JUSTICE HON'BLE MRS. JUSTICE JAYA ROY ----- For the Petitioner : Mr.Amrita Banerjee, Advocate For the State : J.C. to A.G. For Resp.No.4 : Mr.Rahul Saboo, Advocate. ----- Order No. 02 Dated :26. h July 2013 This petition has been filed by raising grievance regarding public nuisance for which, in our opinion, in the facts of this case, the proper remedy is under Section 133 Cr.P.C. or by filing civil suit against the erring parties, who are creating nuisance. Therefore, in that fact situation, we are of the opinion that the petitioner may avail other remedy. The writ petition of the petitioner is disposed of. (Prakash Tatia, C.J.) ( Jaya Roy, J.) Biswas/SI...


Jul 26 2013

Sabya Sachi Chatterjee Vs. Sri S.K.Gupta and ors

Court: Jharkhand

Decided on: Jul-26-2013

INTHEHIGHCOURTOFJHARKHANDATRANCHI Cont.Case(Civil)No.186of2011 SabyaSachiChatterjee . Petitioner Versus 1.SriS.K.Gupta,RegionalProvidentFundC(II),EmployeesProvident FundOrganisation,SubRegionalOffice,Kolkata 2.DipakSinghal,ChairmancumManagingDirector,M/sHindustran FertilizerCorporationLimited,Noida 3.TheStateofJharkhand .... OppositeParties CORAM: HONBLEMR.JUSTICED.N.PATEL ForthePetitioner :Mr.RajeshKumar,Advocate ForOppositePartyNo.1 :Mr.P.P.N.Roy,Sr.Advocate FortheState :J.C.toSr.S.C.II 11/Dated:26 th July,2013 1. Freshnoticeuponoppositepartyno.2tobeservedattheaddress,which ismentionedin paragraphno.5ofthesupplementaryaffidavitfiledbythe petitionerdated4th July,2013,underordinaryprocess,forwhich,requisites etc.mustbefiledwithinaperiodofoneweek.2. Noticeismadereturnableon23rdAugust,2013. (D.N.Patel,J.) Ajay...


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